Colonia, NJ asked in Child Custody, Domestic Violence and Family Law for New Jersey

Q: I have sole legal and residential custody of my child.

Even though DCP&P is involved with my child's father due to drug use and past domestic violence towards myself and my oldest son I am being forced to remain in contact with him. He has yet to have met any directives from DCP&P and the judge continues to disregard their requests. Is there something where a third party can provide whatever information it is he seeks. He's verbally and emotionally abusive towards me and he's constantly threatening with some new court order to have my child taken away.

2 Lawyer Answers
William N. Sosis
William N. Sosis
Answered
  • Divorce Lawyer
  • Hackettstown, NJ
  • Licensed in New Jersey

A: You need to get a restraining order against him. Do it immediately and don't wait. There are 24-hour hotlines available or contact a family law attorney if you need help.

1 user found this answer helpful

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I know how worried you must be about the custody of your child.

The short answer is possibly. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised of both “legal” and “physical” custody. The court must apply several factors to determine the best interests of the child while weighing the rights of both parents as well as the right of the child to continuing and frequent contact with both parents. Among those factors are the parties’ ability to communicate and the safety of the custodial parent from abuse (both physical and emotional) by the non-custodial parent. It is important to protect your interests and have an experienced family law lawyer advocate for your interests and ensure that both you and your child’s safety are protected.

I hope this information was helpful to you.

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